Faculty News

Faculty News
February 2004

Edited by Paul Caron,
Charles Hartsock Professor of Law and
Director of Faculty Projects

In This Issue

Marjorie Aaron
Marjorie directed the third annual Making Mediators workshop to 16 Cincinnati lawyers (who worked with UC law students acting as clients and lawyers in two simulated mediations) (www.law.uc.edu/adr/pes0204/index.htm).

Marjorie’s article, The Value of Decision Analysis in Mediation Practice, 11 Negotiations J. 123 (1995), was cited in Peter H. Huang, Lawsuit Abandonment Options in Possibly Frivolous Litigation Games, 23 Rev. Litigation 47 (2004). Her views on the subtle disjunction between mediation theory and practice were quoted in Leonard L. Riskin, Decisionmaking in Mediation: The New Old Grid and the New Grid System, 79 Notre Dame L. Rev. 1 (2003) and her book chapters, Evaluation in Mediation, and Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes: Effective Strategies for Lawyers and Mediators, (Dwight Golan ed. 1996), were cited in the same work.

Marianna Bettman
Marianna moderated a panel on Sexual Orientation: Religion and Law 2004, sponsored by the Wise Temple Political Advocacy Committee, Cincinnati Chapter of the American Jewish Committee, Interfaith Alliance of Greater Cincinnati, Woman’s City Club, and College of Law’s Center for Law and Justice (www.law.uc.edu/current/clj040205/index.html). She led a discussion on legal ethics as part of Keating, Muething & Klekamp’s in-house continuing legal education program. Marianna wrote her monthly column on the U.S. Supreme Court’s decision in Illinois v. Lidster, which upheld the legality of information-seeking roadblocks.

Kristin Kalsem
Kristin took her law and literature students on an all-day Underground Railroad Tour. They visited several sites in Kentucky, including the Phillip’s Folly House, the Maysville Museum, and the Fugitive Slave Jail in Augusta. On the Ohio side, they toured the John Rankin house and the John Parker house in Ripley.

Chris Bryant
Chris and Ronna Schneider coached a Highland High School (Newport, KY) We the People team, which placed second in the Kentucky state competition. Two of his articles were cited in prestigious law reviews: Remanding to Congress: The Supreme Court's New “On the Record” Constitutional Review of Federal Statutes, 86 Cornell L. Rev. 328 (2001) (with Timothy Someone), in Carl Tobias, Justice Byron White and the Importance of Process, 30 Hastings Constitutional L.Q. 297 (2003); and Youngstown Revisited, 29 Hastings Constitutional L.Q. 373 (2002) (with Carl Tobias), in Christopher L. Blakesley, Ruminations on Terrorism & Anti-terrorism Law & Literature, 57 Univ. Miami L. Rev. 1041 (2003), and in Chris K. Iijima, Shooting Justice Jackson’s “Loaded Weapon” at Ysar Hamdi: Judicial Abdication at the Convergence of Korematsu and McCarthy, 54 Syracuse L. Rev. 109 (2004).

Paul Caron
Foundation Press published the fourth book in Paul’s Law Stories series: Property Stories, edited by Gerald Korngold (Dean at Case Western) and Andrew Morris (Case Western) (www.fdpress.com/fdpress/whatsnew.htm#lawstories). The book tells the stories behind the twelve leading property cases: Sturges v. Bridgman (A.W. Brian Simpson (Michigan)); Moore v. Regents of the University of California (Maxwell Mehlman (Case Western)); Van Valkenburgh v. Lutz (Richard. Helmholz (Chicago)); Gruen v. Gruen (Susan French (UCLA)); Sawado v. Endo (Patricia Cain (Iowa)); Javins v. First National Realty (Richard Chused (Georgetown)); Shelley v. Kraemer (Carol Rose (Yale)); Brown v. Lober (Peter Salsich (St. Louis)); Lucas v. South Carolina Coastal Council (Vicki Been (NYU)); Spur Industries v. Del E. Webb Development Co. (Andrew Morris (Case Western)); Neponsit Property Owners’ Ass’n v. Emigrant Industrial Savings Bank (Stewert Sterk (Cardozo)); and Village of Euclid v. Ambler Realty Co. (David Callies (Hawaii)).

After only two weeks online, Paul’s forthcoming review essay, What Law Schools Can Learn From Billy Beane and the Oakland Athletics (with Rafael Gely) (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=501402, to be published in 82 Texas L. Rev. (May 2004), is the second-most downloaded article of the 600-plus articles posted by law professors on the Legal Scholarship Network in the January 1-February 29 period (http://papers.ssrn.com/toptens/tt_ntwk_201_r_60.html).

Paul published several issues of his Tax Law Abstracts e-journals www.ssrn.com: four issues each of Tax Law & Policy (vol. 5, nos. 5-8) and Practitioner Series (vol. 4, nos. 5-8) (both co-edited with Joseph Bankman (Stanford)), and one issue of International & Comparative Tax (vol. 4, no. 2) (co-edited with Robert A. Green (Cornell)).

Adam Feibelman
Adam’s article, Federal Bankruptcy Law and State Sovereign Immunity, 81 Texas L. Rev. 1381 (2003), was cited in Nathalie Martin, Common-Law Bankruptcy Systems: Similarities and Differences, 11 American Bankruptcy Inst. L. Rev. 367 (2003).

Rafael Gely
After only two weeks online, Rafael’s forthcoming review essay, What Law Schools Can Learn From Billy Beane and the Oakland Athletics (with Paul Caron) (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=501402, to be published in 82 Texas L. Rev. (May 2004), is the second-most downloaded article of the 600-plus articles posted by law professors on the Legal Scholarship Network in the January 1-February 29 period (http://papers.ssrn.com/toptens/tt_ntwk_201_r_60.html). His article, Labor Law Access Rules and Stare Decisis: Developing a Planned Parenthood-Based Model of Reform, 20 Berkeley J. Employment & Labor L. 138 (1999) (with Leonard Bierman), was cited in Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law (West Group, 2004 Supp.).

Mark Godsey
Mark was quoted in Fraud Case Fine, FBI Says, Cincinnati Enquirer, Feb. 11, 2004, at D1.

Emily Houh
Emily attended a conference on Freedom From Contract at the University of Wisconsin Law School. She presented a work-in-progress, The Doctrine of Good Faith in Contract Law: An Empty Vessel?, at St. Louis University School of Law as part of the College of Law’s Scholar Exchange Program. Emily hosted and facilitated a reading and discussion group for members of the Immigration and Nationality Law Review (www.law.uc.edu/inlr/) at the College of Law. She participated on a panel on how to get into law school at the College of Law’s Minority Law Day. Her article, Critical Interventions: Toward an Expansive Equality Approach to the Doctrine of Good Faith in Contract Law, 88 Cornell L. Rev. 1025 (2003), was cited in Leonard M. Baynes, Falling Through the Cracks: Race and Corporate Law Firms, 77 St. John’s L. Rev. 785 (2003).

Christo Lassiter
Christo’s article, Eliminating Consent from the Lexicon of Traffic Stop Interrogations, 27 Capital Univ. L. Rev. 79 (1998), was cited in Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law (West Group, 2004 Supp.).

Bert Lockwood
Bert was the keynote speaker at the Model United Nations at Earlham College. He spoke at the Cincinnati Bar Association Civil Rights Committee’s CLE program on the University of Michigan affirmative action cases (Gratz v. Bollinger and Grutter v. Bollinger). Bert participated in the Midwest Coalition on Human Rights meeting in Chicago. He organized and hosted the Joan Fitzpatrick Human Rights Conference at the College of Law (www.law.uc.edu/current/umorgan040229/index.html).

Bert advised the National Underground Railroad Freedom Museum on a gallery dealing with contemporary human rights issues. The February issue of the Human Rights Quarterly was mailed to subscribers on time (making him a perfect 87-for-87 as Editor-in-Chief) (www.law.uc.edu/morgan/hrq.html). The University of Pennsylvania Press published the 29th book in Bert’s Pennsylvania Studies in Human Rights series (www.upenn.edu/pennpress/series.html#PSHR): Ruth Halperin-Kaddari, Women in Israel: A State of Their Own (www.upenn.edu/pennpress/book/13966.html).

Brad Mank
Brad published The Murky Future of the Clean Water Act After SWANCC, 30 Ecology L.Q. 811 (2003). Several of Brad’s articles were cited in prestigious law reviews: Using Section 1983 to Enforce Title VI's Section 602 Regulations, 49 Univ. Kansas L. Rev. 321 (2001), in Kyle W. La Londe, Who Wants to Be an Environmental Justice Advocate?: Options for Bringing an Environmental Justice Complaint in the Wake of Alexander v. Sandoval, 31 Boston College Envt’l Affairs L. Rev. 27 (2004); and Is There a Private Cause of Action Under EPA’s Title VI Regulations?: The Need to Empower Environmental Justice Plaintiffs, 24 Columbia J. Envt’l L. 1 (1999), and Are Title VI’s Disparate Impact Regulations Valid?, 71 Univ. Cincinnati L. Rev. 517 (2002), in David J. Galalis, Environmental Justice and Title VI in the Wake of Alexander v. Sandoval: Disparate-Impact Regulations Still Valid under Chevron, 31 Boston College Envt’l Affairs L. Rev. 61 (2004).

Donna Nagy
Donna’s casebook, Securities Litigation and Enforcement: Cases and Materials (West Group, 2003) (with Richard Painter (Illinois) & Margaret Sachs (Georgia)), was cited in Richard Painter, Standing up to Wall Street (and Congress), 101 Michigan L. Rev. 1512 (2003) (reviewing Arthur Levitt, Take on the Street: What Wall Street and Corporate America Don't Want You to Know, What You Can Do to Fight Back (2002)).

Jim O’Reilly
Jim was named Assistant Chief Reporter of the ABA’s European Administrative Law Project, which will produce a series of texts and conferences explaining and systematizing the practices of administrative law within the European Union. He will work with George Bermann (Columbia) on the 2004-2006 Project. Jim published RCRA and Superfund Practice Guide (2d ed., West Group 2004). He was named to the Prioritization Committee of the Ohio-Kentucky-Indiana Regional Council of Governments, where he serves as a Trustee.

Ronna Schneider
Ronna greeted her former law school moot court partner when he came to Dayton (http://story.news.yahoo.com/news?tmpl=story&u=/040218/ids_photos_ts/r855484257.jpg). She and Chris Bryant coached a Highland High School (Newport, KY) We the People team, which placed second in the Kentucky state competition.

Michael Solimine
Michael published 5 Anderson’s Ohio Civil Practice (LexisNexis/Matthew Bender 2004). He was featured and quoted in Gary Young, Lost in the Shadows: District Court Judges Sitting by Designation on Circuit Courts Seem Reluctant to Rule Independently, National L.J., Feb.23, 2004 (discussing his article, Diluting Justice on Appeal? An Examination of the Use of District Judges Sitting by Designation on the United States Courts of Appeals, 28 Univ. of Michigan J. of Law Reform 351 (1995) (with Richard Saphire)). His book, Ohio Civil Rules Practice (3d ed. 2003) (with John McCormac), was cited in Atwater v. Delaine, 799 N.E.2d 216 (Ohio App. Ct. 2003).

Several of Michael’s articles were cited in prestigious journals, including Supreme Court Monitoring of the United States Courts of Appeals En Banc, 9 Supreme Court Econ. Rev.171 (2001), in Susan B. Haire, et al., Appellate Court Supervision in the Federal Judiciary: A Hierarchial Perspective, 37 Law & Society Rev.143 (2003), and in David E. Klein & Robert J. Hume, Fear of Reversal as an Explanation of Lower Court Compliance, 37 Law & Society Review 579 (2003); Quiet Revolution in Personal Jurisdiction, 73 Tulane L. Rev.1 (1998), in Douglas D. McFarland, Drop the Shoe: A Law of Personal Jurisdiction, 68 Missouri L. Rev.753 (2003); and Deregulating Voluntary Dismissals, 36 Univ. of Michigan J. of Law Reform 367 (2003) (with Amy Lippert), in Peter H. Huang, Lawsuit Abandonment Options in Possibly Frivolous Litigation Games, 23 Rev. of Litig. 47 (2004)

Joe Tomain
Joe participated in the ABA Mid-Year Meeting and Deans’ Workshop in San Antonio, Texas. He participated in the meeting of the ABA Joint Commission on Lawyer Regulation. Joe coordinated and directed the inaugural meeting of the Cincinnati Chapter of the American Constitution Society (www.acslaw.org/Lawyerchapters.htm).

Joe presented The Legal Profession and the Humanities (with Michael Cioffi) as part of the Lilly Endowment Lecture Series at Denison University (www.denison.edu/publicaffairs/pressreleases/lillylawyers.html). He attended board meetings of the Volunteer Lawyers for the Poor Foundation, KnowledgeWorks Foundation, Mercantile Library, and Ohio Legal Assistance Foundation. Joe continued extensive work on a revised edition of his book, Energy Law in a Nutshell (West Group). His article, The Dominant Model of United States Energy Policy, 61 Univ. Colo. L. Rev. 335 (1990), was cited in Bruce G. Peabody & John D. Nugent, Toward a Unifying Theory of the Separation of Powers, 53 American Univ. L. Rev. 1, (2003).

Verna Williams
Verna’s article, Sexual Harassment: Let the Punishment Fit the Crime, WEEA Digest, Oct. 1998 (with Deborah L. Brake), was cited in Diane Heckman, Is Notice Required in a Title IX Athletics Action not Involving Sexual Harassment?, 14 Marquette Sports L. Rev. 175 (2003) (Title IX at Thirty Symposium).

Ingrid Wuerth
Ingrid completed a solicited contribution on Guantanamo Bay to the Encyclopedia of American Civil Liberties. She participated in a panel that mooted the respondent’s argument before the Supreme Court in Alvarez-Machain v. Sosa at the Joan Fitzpatrick Human Rights Conference at the College of Law (www.law.uc.edu/current/umorgan040229/index.html). Ingrid’s forthcoming article, The President’s Power to Detain “Enemy Combatants”: Modern Lessons from Mr. Madison's Forgotten War, 98 Northwestern U. L. Rev. (2004) (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=467344), was cited in Stephen I. Vladeck, The Detention Power, 22 Yale L. & Pol’y Rev. 153 (2004).

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